P. v. Gumpfer
Defendant Gabriel Isaac Gumpfer and his companions stole two fish filters and gift cards from a pet store. A jury found defendant guilty of second degree burglary and theft with a prior. (Pen. Code, 459, 666.) The court sentenced defendant to the upper term of three years on the burglary count and doubled the sentence because of a prior strike. The court sentenced defendant to two years for the theft with a prior and doubled the sentence because of the prior strike, but stayed sentence pursuant to section 654. Defendant appeals, claiming the court erred by imposing the upper term based on facts not found by the jury. Court affirm the judgment.
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